Posted On: June 3, 2009 by Shorstein & Lasnetski

Auto Accident Killed One and Seriously Injured Two More On Southside Boulevard Near Baymeadows Road in Jacksonville, Florida

A serious auto accident at the intersection of Southside Boulevard and Baymeadows Road resulted in one death and two serious injuries according to an article on Jacksonville.com. The article indicates that a truck driver ran a red light and crashed into the SUV being driven by Terry Gill. Mr. Gill's SUV overturned, and Mr. Gill died after he was thrown from his vehicle. A passenger in the truck was also seriously injured.

When analyzing a tragic accident like this from a wrongful death lawsuit perspective, the obvious starting point is to focus on the truck running a red light at such a busy intersection. Running a red light and crashing into another vehicle with the right of way in the intersection is clear evidence of negligence that caused the crash and the death. However, it is always instructive to look into why such a careless mistake was made, whether alcohol, drugs, cell phone or other mobile communication device or some other distraction was involved.

Additionally, the article indicates that Mr. Gill was not wearing his seat belt at the time. As insurance companies and their lawyers always do, in this case, the insurance company for the at-fault driver, Mr. Burdell, will claim that a seat belt could have prevented Mr. Gill's death. Insurance companies often retain experts with whom they have long-standing relationships to provide those favorable opinions for their defense. However, the seat belt issue is in no way a defense to Mr. Burdell's negligent driving and the cause of the accident. Wrongful death attorneys will hire their own experts to investigate and analyze the crash to see if the seat belt would have made any difference in Mr. Gill sustaining fatal injuries. Depending on the nature of the crash and the biomechanics involved, it is certainly possible that Mr. Gill would have died, or been seriously injured, even if he was wearing his seat belt, and the insurance company for the at-fault driver must compensate Mr. Gill's family accordingly for their wrongful death claim.